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Zoning Commission Record of Vote 04/11/2016
RECORD OF VOTE
OLD LYME ZONING COMMISSION
REGULAR MEETING
Monday – April 11, 2016, 7:30 P.M.
Meeting Hall at Memorial Town Hall
52 Lyme Street, Old Lyme, CT

1.  Convene Meeting; announcement of voting members.

Present:  Jane Cable, Chair, John Johnson, Vice Chair, J. Marsh, Secretary, Alan Todd, Gil Soucie, Paul Orzel, alternate and Stacey Winchell, alternate.    

Also present:  Keith Rosenfeld, Land Use Coordinator

CONTINUED PUBLIC HEARING:

1.  Special Permit Application seeking the expansion of a parking lot under Sections 13.A and 13.B of the Zoning Regulations on property located at 83 Hartford Avenue, The Sugar Shack, Keith Grills, owner/applicant.

A Motion was made by J. Johnson, seconded by G. Soucie to CONTINUE the public hearing on 83 Hartford Avenue, The Sugar Shack to the May 9, 2016 Regular meeting at 7:30 p.m., applicant granted a 29 day extension of the public hearing.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0   

PUBLIC HEARINGS:

1.  Special Permit Modification Application for removal of a condition on a Special Permit Application granted on May 12, 2014 wherein condition number four stated no liquor service on patio on property located at 100 Shore Road, Barbara A. Woods, applicant.

A Motion was made by J. Johnson, seconded by G. Soucie to CLOSE the public hearing on the Special Permit Modification Application for removal of a condition on a Special Permit Application granted on May 12, 2014 wherein condition number four stated no liquor service on patio on property located at 100 Shore.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0   

2.  Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to store and repair paving equipment, also an office and bathroom will be in the garage as well on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner.  

A Motion was made by J. Johnson, seconded by G. Soucie to CONTINUE the public hearing on the Special Permit application for 224 Shore Road to the May 9, 2016 Regular meeting at 7:30 p.m.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0   

REGULAR MEETING:

1.  Special Permit Application seeking the expansion of a parking lot under Sections 13.A and 13.B of the Zoning Regulations on property located at 83 Hartford Avenue, The Sugar Shack, Keith Grills, owner/applicant – Public Hearing continued to May 9, 2016
2.  Special Permit Modification Application for removal of a condition on a Special Permit Application granted on May 12, 2014 wherein condition number four stated no liquor service on patio on property located at 100 Shore Road, Barbara A. Woods, applicant.  

A Motion was made by J. Johnson, seconded by G. Soucie to grant as follows:

Whereas, the Zoning Commission had received an application for Site Plan Modification requesting re-approval of the Site Plan Modification granted on June 12, 2006 with minor modifications: 1) a poured concrete wall at least 30” in height must be installed in the location shown on the plan; 2) “no parking”, “in” with arrows, and “out” with arrows must be painted on the pavement to direct traffic flow as shown on the plan submitted;  3) the restaurant and outside areas shall be configured so as to provide no more than 78 seats at any one time;  4) There shall be no liquor service on the patio; 5) An entrance may be installed on the east side of the patio to accommodate handicap access and 6) A side door on the east side of the building may be installed for service to the patio said approval was granted on May 12, 2014 along with plans submitted entitled “proposed outdoor dining for the Grille 100 Shore Road (156) Old Lyme, CT 5-9-14 Sheet A2”, “proposed outdoor dining for the Grille 100 Shore Road (156) Old Lyme, CT 5-9-14 Sheet A1” and “Property Survey of Land of Barbara A. Woods Shore Road – CT. Route 156 & Pine Road Old Lyme, Connecticut dated April 22, 2011, Scale 1” = 20’ prepared by Richard W. Gates, Land Surveyor”; and

Whereas, the Zoning Commission has received a subsequent application for Site Plan Modification dated March 7, 2016 requesting removal of item number four wherein it was specified that there would be no liquor service on the patio.

Whereas, the proposed use is permitted under the Old Lyme Zoning Regulations, the Commission finds that the applicant has provided sufficient
evidence to demonstrate compliance with the technical provisions Section 13.A of the Regulations with the following conditions required to be followed:
        1.  Liquor service on the patio is now allowed.

        2.  Exterior patio seating is limited to 30 occupants.

        3.  There shall be no amplified or live music performed on the outside patio.


Whereas, the Commission finds that the applicant has demonstrated compliance with the General Standards of Section 13.A, in particular that the proposed use, buildings and other structures and site development are designed and arranged as follows:

a.  to achieve safety, comfort and convenience;
b.  to conserve as much of the natural terrain and provide for vegetation on the site to the extent practical;
c.   to be in architectural harmony with the surrounding area;
d.   to protect nearby residential and preservation areas; and

Whereas, the Zoning Commission has deliberated and considered the evidence presented at the public hearing held on April 11, 2016 as well as the input of its staff and professional consultants; and
 
Now, therefore be it resolved that the Old Lyme Zoning Commission grants approval to Barbara Woods for the Site Plan Modification for property at 100 Shore Road, Old Lyme, CT, with the conditions specified.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

3.  Special Permit Application and Municipal Coastal Site Plan Review Application for construction of a 40’ x 60’ garage to store and repair paving equipment, also an office and bathroom will be in the garage as well on property located at 224 Shore Road, J. Robert Pfanner, applicant, Peter Lodi, Sr., owner – Public Hearing continued to May 9, 2016
4.  Special Permit Application for construction of an expanded boathouse at Hains Park under Section 5.53 of the Zoning Regulations, which will be approximately 96’ x 66’ to store equipment for the Region 18 high school and community recreational rowing programs on property located at 166 Boston Post Road, Town of Old Lyme applicant.

A Motion was made by J. Johnson, seconded by G. Soucie to receive the Special Permit for construction of an expanded boathouse at Hains Park under Section 5.53 of the Zoning Regulations, and set a Public Hearing for Monday, May 9, 2016 at 7:30 p.m. in the Meeting Hall.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

5.  Special Permit Application in order to purchase adjacent land at 31-1 Library Lane in order to expand existing cemetery under Sections 5.2 and 5.2.3 of the Zoning Regulations, for Old Lyme Cemetery Association Inc., 31-2 Library Lane, applicant; record owner of 31-1 Library Lane Mr. & Mrs. W. Alan Froggatt, Jr.

A Motion was made by J. Johnson, seconded by G. Soucie to receive the Special Permit Application in order to purchase adjacent land at 31-1 Library Lane in order to expand existing cemetery under Sections 5.2 and 5.2.3 of the Zoning Regulations, for the Old Lyme Cemetery Association Inc. and set a Public Hearing for Monday, May 9, 2016 at 7:30 p.m. in the Meeting Hall.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

6.  Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive, P. L. Mountzoures, Inc., applicant; Scott Hoffman, property owner Receive and 35 day waiting period for DEEP to comment on Application once received

A Motion was made by J. Johnson, seconded by G. Soucie to receive the Municipal Coastal Site Plan Review Application for a deck enlargement at 90 West End Drive and reserve comment until the 35 waiting period for DEEP OLISP comment.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie  Opposed:  None   Abstaining:  None  The motion passed unanimously. 5-0-0

7.  New Business

8.  Old Business        

9. Approval of Minutes – Minutes of the March 14, 2016 Public Hearing and Regular Meeting - Tabled

10.  Correspondence

11.  Zoning Enforcement Report

12.  Miscellaneous/Adjournment          

A Motion to adjourn was made by J. Johnson, seconded by G. Soucie.  No discussion and a vote was taken.  In favor:  J. Cable, J. Marsh, J. Johnson, A. Todd, G. Soucie   In opposition:  None   Abstaining:  None  The Motion carried 5-0-0  The meeting adjourned at 9:04 p.m.

                                        Jane Cable, Chairman    


NEXT MEETING OF THE ZONING COMMISSION IS MONDAY, MAY 9, 2016,
7:30 P.M., MEETING HALL, 52 LYME STREET, OLD LYME, CT